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DEFINITION OF CHILD ABUSE[1]
Child abuse also called cruelty to children the willful infliction of pain and suffering on children through physical, sexual, or emotional mistreatment. Prior to the 1970s, the term child abuse normally referred only to physical mistreatment, but since then its application has expanded to include, in addition to inordinate physical violence, unjustifiable verbal abuse; the failure to furnish proper shelter, nourishment, medical treatment, or emotional support; incest and other cases of sexual molestation or rape; and the use of children in prostitution or pornography.
LEGAL INTERVENTION IN CHILD ABUSE1
Legal remedies for child abuse range from the incarceration of the offender to the removal of the abused child from the custody of parents or others guilty of committing the crime. With proper social and psychotherapeutic intervention, many child abusers can be helped.
LIMITS TO PARENTAL RIGHTS- THE GILLICK CASE[2]
A health authority published a policy that children under 16 could be given contraceptives without parental consent. Mrs Gillick, a mother of 5 daughters, took a test case to court to challenge this. Her argument that the consent of a child below 16 years was not valid unless the parents consented. The House of Lords (the highest court in England) ruled in favor of the health authority. It based its ruling on competence of the girl. If she was competent enough to understand the issues involved, she could get contraceptives from a doctor without parental involvement.
As a result of the judgment, ‘Fraser Guidelines’ were issued allowing the doctor to keep his encounter with the child confidential and not to disclose it to parents except in cases in which the contraceptive was sought in connection with incest, sexual exploitation, or sexual abuse.
SUMMARY – ACTION IN CASES OF CHILD PROTECTION[3]
[1] Encyclopedia Brittanica 2004
[2] Medical Ethics Today – BMA’s handbook of Ethics and Law 2nd Ed. 2004
[3] Medical Ethics Today – BMA’s handbook of Ethics and Law 2nd Ed. 2004